Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Human Services & Early Learning Committee |
ESB 5429
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Including referred and diverted youth in establishing community juvenile accountability program guidelines.
Sponsors: Senators Nguyen, Das, Saldaña, Hasegawa, Salomon, Darneille, Wilson, C., Zeiger, Randall and Kuderer.
Brief Summary of Engrossed Bill |
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Hearing Date: 3/7/19
Staff: Luke Wickham (786-7146).
Background:
Community Juvenile Accountability Act.
The Community Juvenile Accountability Act (CJAA) was enacted in 1997 as part of an omnibus juvenile justice bill. The CJAA allows local governments to submit proposals for funding community juvenile accountability programs in their communities. These proposals must be submitted to the Juvenile Rehabilitation (JR) division of the Department of Social and Health Services (DSHS). The JR functions of the DSHS will transfer to the Department of Children, Youth, and Families (DCYF) on July 1, 2019.
A Community Juvenile Accountability Program (CJAP) proposal must include:
a demonstration that the proposal was developed with the input of the community public health and safety networks, and the local law and justice councils;
a description of how local community groups or members are involved in the implementation of programs; and
a description of how the grant funds will contribute to the expected outcomes of the program and the reduction of youth violence and juvenile crime in the community.
Local governments that receive CJAP funding must agree that the funds they receive be used efficiently to encourage the use of community-based programs that reduce the reliance on
juvenile offender secure confinement.
The JR division, in consultation with the Washington Association of Juvenile Court Administrators, the Washington State Law and Justice Advisory Council, and the Washington State Family Policy Council, establishes CJAP guidelines. These guidelines must:
target diverted and adjudicated juvenile offenders;
include assessment methods to determine services, programs, and intervention strategies;
provide maximum structured supervision in the community;
promote work ethic values and educational skills and competencies;
maximize the efficient delivery of treatment services that reduce risk factors associated with committing juvenile offenses;
maximize reintegration of the juvenile offenders into the community after release;
maximize a juvenile offender's ability to make restitution to the victims;
support and encourage increased court discretion in imposing community-based intervention;
be compatible with research;
be outcome-based;
include an evaluation component; and
recognize the diversity of local needs.
Washington State Institute for Public Policy Juvenile Justice Program Evaluations.
The CJAA required the Washington State Institute for Public Policy (Institute) to develop standards for measuring the effectiveness of juvenile accountability programs funded by the CJAP. The Institute has evaluated the effectiveness of several juvenile justice programs including the Coordination of Services Program, Aggression Replacement Therapy, Family Integrated Transitions, Functional Family Therapy, and Multisystemic Therapy.
Summary of Bill:
The guidelines for CJAP funding are expanded to include referred youth, who are defined to include a youth who:
was contacted by a law enforcement officer who has probable cause to believe the youth committed a crime;
was referred to a program that allows youth to enter before being diverted or charged with a juvenile offense; and
would have been diverted or charged with a juvenile offense if not for the program.
The DCYF must provide a report on December 1, 2019, and December 1, 2020, that includes a county-by-county description of the youth served by the CJAP.
The DCYF must implement a stop loss policy that limits the loss in funding for any juvenile court from one year to the next when allocating CJAP funding. The block grant oversight committee must establish a minimum base level of funding for juvenile courts with lower numbers of at-risk youth ages 10 to 17. The DCYF must provide a report to the Legislature by December 1, 2019, regarding how funding is used for referred youth and the impact of that use on overall funding.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.